Strother v. Day

STANLEY, Commissioner.

Sam P. Strother, as executor of the will of the late Miss Mary Ellen Flynn, joined by all of her heirs, sued Herbert R. Day and Aurelia Day to set aside a deed and transfer of personal property to them by the testatrix. The grounds were fraud and mental incapacity. The defendants challenged the probate of the will by the Fayette County Court and the appointment of Mr. Strother as executor on the ground of no jurisdiction, since Miss Flynn was a citizen of Boone County. Upon this allegation they denied the authority of the plaintiffs to maintain the suit. The Boone…